List Books » Business Franchise Law (Carolina Academic Press Law Casebook Series): Cases and Materials
Authors: Jeffrey A. Schneider, Robert Nye, Robert J. Nye
ISBN-13: 9780890894422, ISBN-10: 0890894426
Format: Hardcover
Publisher: Carolina Academic Press
Date Published: January 2003
Edition: (Non-applicable)
Although franchising has become one of the most common means of operating and expanding businesses, relatively few lawyers are prepared to counsel or represent clients in franchise transactions or disputes. While traditional contract law contemplates reducing a fixed agreement to black and white, the franchise relationship (albeit documented by a contract) is necessarily organic and amorphous. The franchisor must be able to grow and adapt its business over time and thereby cause its franchisees to adapt.
This book is primarily a compilation of short stories found in entertaining and severely edited cases, most of which include as their protagonists a franchisor or a franchisee. Schneider and Nye have chosen cases not primarily for their precedential value, but rather for their effective explanations of the law, the policy behind the law, and the stories behind the policy behind the law. This book is designed for a semester course on franchise law without any prerequisites. Nevertheless, even students with a background in trademark law, anti-trust, contracts, and civil procedure will find that the chapters on those subjects enhance, rather than review, their earlier studies.
Table of Cases | ||
Preface | ||
Acknowledgments | ||
Ch. I | Introduction to Business Franchising | 3 |
A | The Franchise Relationship | 3 |
B | Related Legal Relationships | 4 |
C | Franchise Regulation: Statutory Framework | 4 |
Ch. II | What's in a Name? Legal Definitions of "Franchise" | 9 |
A | FTC Definition | 9 |
B | State Definitions | 15 |
Ch. III | The Hallmark of a Franchise: The Trademark | 41 |
A | The Fundamentals of Trademark Law | 41 |
B | Trademarks and the Internet | 54 |
C | Trademark Rights Beyond the U.S. Border | 63 |
D | Trade Dress | 75 |
E | Trademark Remedies | 91 |
Ch. IV | Governing the Franchise Relationship Part 1: Franchise Relationship and Termination Statutes | 99 |
A | Good Cause for Termination | 100 |
B | Renewals of Franchises | 123 |
C | Encroachment | 140 |
D | Notices of Termination and Nonrenewal | 144 |
E | Transfers of the Franchises | 152 |
F | Repurchase and Compensation Obligations of Franchisor | 161 |
G | Franchisor's Discrimination among Franchisees | 167 |
H | Remedies for Violations of Relationship Laws | 168 |
Ch. V | Governing the Franchise Relationship Part 2: The Contract and Common Law | 197 |
A | Statutory Preemption of Contract Terms | 197 |
B | Provisions Prohibiting Transfers | 198 |
C | Arbitration Provisions | 204 |
D | Forum Selection Provisions | 216 |
E | Jurisdiction and Choice of Law | 233 |
F | Rights of First Refusal | 242 |
G | Encroachment | 245 |
H | Integration Clauses | 267 |
Ch. VI | Disclosure and Registration Requirements | 277 |
Ch. VII | Industry-Specific Statutes Part 1: Automobiles and Petroleum Marketing | 315 |
A | Automobile Franchise Dealer Laws | 315 |
B | Motor Fuel Franchise Dealer Laws | 331 |
Ch. VIII | Industry-Specific Statutes Part 2: Other Business Areas | 343 |
A | Farm and Industrial Equipment Franchise Dealer Laws | 343 |
B | Alcoholic Beverages and Beer Franchise Dealer Laws | 354 |
C | Recreational Vehicles, Motor Homes and Motorcycles | 373 |
D | Nonalcoholic Beverages and Soft Drink Industries | 385 |
Ch. IX | Anti-Trust and Price Discrimination Issues | 391 |
A | Tying Arrangements | 392 |
B | Vertical Restraints - Price Fixing | 424 |
C | Price Discrimination | 429 |
D | Non-Price Vertical Restraints | 443 |
Ch. X | Vicarious Liability | 451 |
App. A | The FTC Rule | 471 |
App. B | Uniform Franchise Offering Circular - 1993 Guidelines | 483 |
Index | 545 |